2012 Pennsylvania Consolidated Statutes
Title 26 - EMINENT DOMAIN
Chapter 1 - General Provisions
Section 103 - Definitions

     § 103.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this title which are applicable to specific
     provisions of this title, the following words and phrases when
     used in this title shall have the meanings given to them in this
     section unless the context clearly indicates otherwise:
        "Acquiring agency."  Any entity, including the Commonwealth,
     vested with the power of eminent domain by the laws of this
     Commonwealth. This definition is subject to section 901
     (relating to definitions).
        "Acquisition cost."  General damages or, in the event of
     amicable acquisition, the price paid by the acquiring agency.
        "Business."  Any lawful activity, except a farm operation,
     conducted:
            (1)  primarily for the purchase, sale, lease or rental of
        personal or real property or for the manufacture, processing
        or marketing of products, commodities or any other personal
        property;
            (2)  primarily for the sale of services to the public;
            (3)  primarily for outdoor advertising display purposes
        if the display must be moved as a result of the project; or
            (4)  by a nonprofit organization.
        "Comparable replacement dwelling."  A dwelling that is:
            (1)  Decent, safe and sanitary.
            (2)  Adequate in size to accommodate the occupants.
            (3)  Within the financial means of the displaced person.
            (4)  Functionally equivalent.
            (5)  In an area not subject to unreasonable adverse
        environmental conditions.
            (6)  In a location generally not less desirable than the
        location of the displaced person's dwelling with respect to
        public utilities, facilities, services and the displaced
        person's place of employment.
        "Condemn."  To take, injure or destroy property by authority
     of law for a public purpose.
        "Condemnee."  The owner of a property interest taken, injured
     or destroyed. The term does not include a mortgagee, judgment
     creditor or other lienholder.
        "Condemnor."  The acquiring agency, including the
     Commonwealth, that takes, injures or destroys property by
     authority of law for a public purpose.
        "Court."  The court of common pleas.
        "Displaced person."
            (1)  Except as set forth in paragraph (2) or (3), any of
        the following:
                (i)  A condemnee or other person that moves from real
            property or moves personal property from real property:
                    (A)  as a direct result of a written notice of
                intent to acquire or the acquisition of the real
                property, in whole or in part, for a program or
                project undertaken by an acquiring agency; or
                    (B)  on which such person is a residential tenant
                or conducts a small business or a farm operation as a
                direct result of rehabilitation, demolition or other
                displacing activity for a program or project
                undertaken by an acquiring agency if the displacement
                is permanent.
                (ii)  A person that was in occupancy of the real
            property on or before the date of acquisition,
            notwithstanding the termination or expiration of a lease
            entered into before or after the event giving rise to the
            displacement.
            (2)  The term does not include any of the following:
                (i)  A person that unlawfully occupies the
            displacement property or occupied the property for the
            purpose of obtaining assistance under this title.
                (ii)  In any case in which the acquiring agency
            acquires real property for a program or project, a
            person, other than a person that was an occupant of the
            property at the time it was acquired, that occupies the
            property on a rental basis for a short term or a period
            subject to termination when the property is needed for
            the program or project.
            (3)  This definition is subject to section 902(a)(2)
        (relating to moving and related expenses of displaced
        persons).
        "Farm operation."  Any activity conducted solely or primarily
     for the production of one or more agricultural products or
     commodities, including timber, for sale or home use and
     customarily producing these products or commodities in
     sufficient quantity to be capable of contributing materially to
     the operator's support.
        "Natural disaster."  A disaster officially declared as a
     natural disaster by the Governor.
        "Personal property."  Any tangible property not considered to
     be real property for purposes of general damages under the laws
     of this Commonwealth.
        "Program or project."  Any program or project undertaken by
     or for an acquiring agency as to which it has the authority to
     exercise the power of eminent domain.
        "Small business."  A business that has less than 501
     employees who are:
            (1)  working at the site being acquired; or
            (2)  permanently displaced by a program or project.
        "Utility."  A public utility as defined in 66 Pa.C.S. § 102
     (relating to definitions).